Navigating a Long-Distance Divorce

December 6, 2017 | Category: Divorce

Perhaps you’re seeking a long-distance divorce, because you and your spouse have been separated for years but have never made it official. Or maybe your long-distance marriage is coming to an end—buffeted possibly by the uncertainties of military service or the stresses of life on the road. Consider the following to get a fair outcome, minimize costs and protect yourself and your children:

  1. Filing By Process Server

If you and your spouse have been separated for a long time, you may be able to file for divorce in Minnesota by process server. Serving papers begins the divorce process, but each state has a different procedure. If you’re not in contact with your ex-spouse, and you don’t know where he or she resides, you can file for divorce by publication, which usually involves putting a notice in the local newspaper.

  1. Custody and Visitation

If you and a spouse divorce, and one parent moves away, you will need to create a long-distance custody agreement. If this applies to you, and you’re already in the process of getting divorced, these provisions will be included in your divorce decree. If one spouse moves away after a divorce is final, you’ll have to amend the decree.

When establishing custody arrangements, the court considers the best interests of the children involved. Continuity and stability are important to a child’s life, but a judge will often determine that the children’s best interest is served by involvement with both parents.

A typical long-distance custodial arrangement may involve a noncustodial parent having the children every spring break, and every other holiday. It will also allow the distanced parent to visit the children in their hometown several times throughout the year, with appropriate notice.

A long-distance divorce can be more difficult to navigate, especially when children are involved. Our qualified Minnesota family law attorneys can help you thread the needle. Please contact us for a private consultation.

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